In re the Arbitration between Riemenschneider & Motor Vehicle Accident Indemnification Corp.

Respondent was one of two passengers in an automobile owned and operated by one Valladares, when the car was struck in the rear by another automobile. Asserting that the latter vehicle was a “ hit-and-run automobile ” within the meaning of the New York automobile accident indemnification endorsement on Valladares’ insurance policy, respondent filed a notice of claim with appellant Motor Vehicle Accident Indemnification Corporation (MVAIC) and thereafter demanded arbitration. MVAIC questioned that a hit-and-run automobile was involved in the accident and sought a stay of arbitration. After a…